In an article published by the Boston Bar Association, Partner Andrew Dulberg and Associate Amanda Baird explore the amicus practice in appellate courts, highlighting the value added by amici, advantages of having guidance from the trial courts and proposed guidance, among other topics.
Excerpt: “Good amicus briefs contribute to the development of the law and the administration of justice. They can benefit courts, parties, and, of course, the amici themselves. Courts benefit from having a more robust exposition of the issues and a broader array of perspectives; parties welcome the assistance a supportive amicus provides; and amici benefit from putting before the court information that will protect and advance their own interests. Good amicus briefs can offer a unique perspective on a legal issue or policy, insight and expertise not possessed by the parties in a specialized field, information not otherwise readily available to the parties or the court, or analysis of the broader implications of the court’s decision beyond the parties.”